Church vilified Muslims: rulingDecember 17, 2004AN evangelical Christian ministry has been found to have vilified Islam during a seminar and in a newsletter which mocked the religion.The Victorian Civil and Administrative Tribunal (VCAT) today blasted the Catch the Fire Ministries, its pastor Danny Nalliah, and speaker Daniel Scot over the March 2002 seminar in Melbourne and several articles in the church's newsletter. In a decision handed down today in a key test of Victoria's three-year-old racial and religious vilification laws, Judge Michael Higgins found in favour of the Islamic Council of Victoria, which took the action against Catch The Fire. Judge Higgins found that Catch the Fire and Pastor Scot had breached section eight of the Religious and Racial Tolerance Act.Also found in breach was church leader Pastor Nalliah, who was an unsuccessful senate candidate for the Family First party in this year's federal election. Judge Higgins will decide on penalties, which could include orders for an apology or damages, early next year. Judge Higgins said the seminar run by the ministry, a newsletter on its website, and a website article written by an author identified as Richard all breached the Act. In a summary of reasons for his decision, Judge Higgins said Pastor Scot had throughout the seminar made fun of Muslim beliefs and conduct. "It was done, not in the context of a serious discussion of Muslims' religious beliefs," Judge Higgins said. "It was presented in a way which is essentially hostile, demeaning and derogatory of all Muslim people, their God, Allah, the prophet Mohammed and in general Muslim religious beliefs and practices."Judge Higgins said that, during the seminar, Pastor Scot had claimed that the Koran promoted violence, killing and looting and that Muslims were liars and demons.Pastor Scot also had said Muslims had a plan to overrun western democracy by violence and terror and wanted to turn Australia into an Islamic nation, and he exaggerated Muslim population numbers in Australia."I find that Pastor Scot's conduct was not engaged in reasonably and in good faith for any genuine religious purpose or any purpose that is in the public interest," he said.Judge Higgins said an article in the church's newsletter, written by Pastor Nalliah, incited fear and hatred of Muslims, as did a third article by a person identified as Richard, which claimed it was not possible to separate Islam from terrorism. Victoria's Equal Opportunity Commission welcomed the decision on the case, which was the first to be heard by VCAT since the Racial and Religious Tolerance Act took effect at the start of 2002. "The decision is very significant in terms of showing how the Act operates in practice," said the commission's chief executive, Dr Helen Szoke."It demonstrates where the line is drawn between legitimate public debate and behaviour that incites hatred." A full reason for the decision is expected to be handed down in the next fortnight, including any penalties. Yasser Soliman, president of the Islamic Council of Victoria, said it had been important to make a stand against vilification of Muslims in the community. "We also had the support of the Catholic Church, the interfaith community and the Uniting Church and the Jewish community" Mr Soliman said. "Because it was very important that we all stood together against vilification and understand that vilification is a tool used by extremists, and we must always condemn extremism and vilification."That was important, because left unaddressed, it was limiting the (Muslim) community's ability to be seen as average Australians. "People were being demonised, (being denied) the ability to get jobs, to be friends, to be safe."We had to act upon it and felt it was important to have it determined by law." Mr Soliman said he was saddened that the Islamic Council had to take legal action, but hoped the decision would help promote goodwill between different religions. He said he had told Pastor Nalliah that he would like to develop a better relationship with his church. Pastor Nalliah said the decision was a blow for freedom of speech in Victoria. He said Catch the Fire would probably appeal to the High Court, depending on the final decision and penalties imposed by Judge Higgins."Sadly, we've lost the right to speak as a nation, in a sense, as a result of this verdict," he said. "It's a loss for freedom of speech, not just for us, but for all Australians. "Certainly it (the Act) goes too far."
